Americans with Disabilities Act

November 16, 2011

Emergency situations can be a perpetual fear for many of us wheelchair users, not just for our personal safety, but also for the safety of our chairs. For many of us, the wheelchair is much more than simply a mobility device. It is also an expensive piece of equipment and an invaluable component in our lives. So when our chairs are in trouble – we are in trouble!

Several weeks ago, a friend of mine visited to see the sights in D.C. As we toured, I noticed that my wheelchair battery was draining mysteriously quickly. Towards the evening I grew worried that my chair wouldn’t survive, so I decided to call a local accessible taxi service. The taxi coordinator informed me that she could not locate an accessible cab. I tried another accessible taxi company with no better luck. After crawling along in a near panic towards my apartment building, I managed to approach it close enough to see the building, but unfortunately, my time was up. The battery was completely dead, and there we were, stranded on a street corner in the middle of evening traffic. My friend didn’t have the physical strength, and nor would I have obligated her, to manually force my heavy chair up the 2-3 block final stretch towards home. So, what are we taught to do in emergency situations such as these? At my wit’s end, I hailed a police car. I presented my predicament to the officer: “My chair is not operating. I need to reach home before it becomes too dark, there are no accessible vehicles available, and I can’t transfer out of my chair to leave it behind. Are there any emergency vehicles that are wheelchair accessible?”

Perplexed, the officer replied, “Do you want me to shut down the traffic so that you could cross?”

Maybe she misunderstood. “No, my chair is completely out of power, I cannot move.”

“Can’t your friend push you?”

“She physically can’t, and I won’t put her in danger. She is not responsible for me.”

“Should I call an ambulance?”

“But I am not injured!”

“Don’t you have a phone number or something, for an accessible vehicle?”

By this time, my friend and I realized that there was no help for me. Not even from a police officer, whose duty it is to protect and problem-solve. We devised our own plan. She ran to my apartment, returned with my battery charger, and we begged the security personnel in a nearby apartment lobby to allow me to use their electrical outlets to charge the battery. The police officer, on the other hand, didn’t even offer to step out of her car. What was I to conclude? That there must not be a standard protocol for situations in which wheelchair-users are stranded, and if there are, then at least one police officer did not receive the memo!

This personal story is not intended to be an idle complaint. Rather, it’s an example of the type of nightmare that wheelchair users wish to avoid, and of a system of policing that simply isn’t working for individuals with disabilities. If the vehicle of an individual without a physical disability broke down, she could call a tow company and a cab (which are almost always readily available). But what this experience has taught me is that if a wheelchair user is in need of quick transportation due to a device malfunction, we’re on our own.

Because law enforcement agencies are part of local and state governments, they are subject to Title II of the ADA, which prohibits discrimination against people with disabilities in government services. This applies to every level of service, from enforcing laws and arresting individuals, to receiving complaints and providing medical services. However, as with older buildings and structures, Title II does not require all police stations to be accessible to persons with disabilities. Law enforcement agencies are not required to make alterations or accommodations that would require undue financial burden, as long as other possibilities exist that will provide access to the same programs and services. In this case, if police vehicles with modifications for wheelchair access are not available, the police are required to utilize community resources such as accessible cab companies.

The issue, in my particular case, was that the police officer did not have the adequate skills, knowledge, or training to advise me on better solutions. Not only that, it also seemed that there were no wheelchair accessible police vehicles. As much as it is my responsibility to ensure my own safety, I should have the peace of mind that if I exhausted my own options, my last resort – the police – can provide resources and assistance that I could not provide for myself. Hiring in the Spirit of Service, a research project funded by the U.S. Department of Justice, assessed some of the nontraditional skills necessary for police officers today, emphasizing problem-solving and a broad community focus. The project underlines the ability to show initiative, be resourceful, use good judgment, take responsibility, and possess the capacity for empathy and compassion as essential core competencies for law enforcement officials. These traits are necessary for the general population, but especially so for the disability community, for which creativity and initiative are required by law enforcement in the absence of fully accessible buildings and vehicles.

Streets and Roads to be more Barrier-Free: Access Board Proposes New Guidelines for Public Rights-of-Way—Comments due Nov 23!

By Julia Feinberg, AAPD Policy Intern

On the 21st Anniversary of the signing of the Americans with Disabilities Act (ADA), the U.S. Access Board presented new proposed guidelines for public rights-of-way. These guidelines include new proposed regulations for Pedestrian Access Routes (sidewalks, street crossings, curb ramps), Detectable Warning Surfaces, Multi-Lane Roundabouts, Transition Stops and Shelters, Pedestrian Signals, On-Street Parking and Passenger Loading Zones, and Street Furniture and Other Elements. The proposed guidelines would only be applicable to newly constructed areas or areas undergoing alterations.

Highlights:

All Pedestrian Signals that have visual signs for when it is safe to cross the street also must have audio and tactile warnings. This will be hugely helpful for people with visual and other disabilities. Similarly, Detectable Warning Surfaces, which alert pedestrians to street crossings and open drop-offs, would now be required. Of great interest to those of us that drive, 4% of parking spaces would be required to be accessible, but this may vary depending on the number of total parking spaces in the area. Street Furniture such as drinking fountains, toilet facilities, and benches must also be made accessible per the updated requirements.

Send in your comments and thoughts directly to the US Access Board by November 23rd, 2011!

July 26, 2011

On Anniversary of the Americans with Disabilities Act, Obama Administration Recommits to Enforcing and Protecting the Civil Rights of All

On July 26, 1990, the Americans with Disabilities Act was signed into law. That landmark civil rights legislation reaffirmed the idea that all our citizens, regardless of disability, are entitled to the same privileges, pursuits, and opportunities as everyone else. As the Obama Administration marks that anniversary, there still remain many steps we must take together to ensure that the spirit and letter of that law are upheld.

“The promise of the ADA was that all Americans should have equal access and equal opportunity, including Americans with disabilities,” said President Obama. “The ADA was about independence and the freedom to make of our lives what we will. We celebrate that today, and we recommit ourselves to ending discrimination in all its forms”...

Presidential Proclamation--Anniversary of the Americans with Disabilities Act

Generations of Americans with disabilities have improved our country in countless ways. Refusing to accept the world as it was, they have torn down the barriers that prohibited them from fully realizing the American dream. Their tireless efforts led to the enactment of the Americans with Disabilities Act (ADA), one of the most comprehensive pieces of civil rights legislation in our Nation's history. On this day, we celebrate the 21st anniversary of the ADA and the progress we have made, and we reaffirm our commitment to ensure equal opportunity for all Americans.

Each day, people living with disabilities make immeasurable contributions to the diversity and vitality of our communities. Nearly one in five Americans lives with a disability. They are our family members and friends, neighbors and colleagues, and business and civic leaders. Since the passing of the ADA, persons with disabilities are leading fuller lives in neighborhoods that are more accessible and have greater access to new technologies. In our classrooms, young people with disabilities now enjoy the same educational opportunities as their peers and are gaining the tools necessary to reach their greatest potential.

Senator Enzi, Senator Pryor and disability leaders to be recognized at event

WASHINGTON, DC – July 25, 2011 – The American Association of People with Disabilities (AAPD), the country’s largest cross-disability membership organization, is pleased to announce that Secretary Kathleen Sebelius will give the keynote address at AAPD’s Americans with Disabilities Act (ADA) anniversary event and Justice For All Award celebration on July 26.

Secretary Sebelius will help celebrate the 21st anniversary of the ADA and AAPD’s Justice for All recipients for their leadership on disability issues: Senator Mike Enzi (R-WI), Senator Mark Pryor (D-AR), Tom Tauke, Executive Vice President, Public Affairs, Policy and Communications at Verizon, and Bruce Darling, National Organizer with ADAPT. Mark Mellman, CEO of The Mellman Group, a polling and consulting firm, will receive the Thomas Paine Award, given to individuals who improve the voter participation of people with disabilities.

July 11, 2011

HELP Committee to Examine Strategies for Improving Employment for Americans with Disabilities

WASHINGTON — On Thursday at 10:00 a.m., Senator Tom Harkin (D-IA), Chairman of the Senate Health, Education, Labor and Pensions Committee, will convene a hearing to examine how to expand and improve job opportunities for people with disabilities. As the 21st anniversary of the Americans with Disabilities Act nears, Harkin seeks to assess the impact of current programs, and discuss ways to achieve the goal he set earlier this year of raising the number of Americans with disabilities in the labor force to 6 million by 2015.

via the Department of Justice (7.6.11):Justice Department Obtains Comprehensive Agreement Regarding the State of Delaware's Mental Health System

WASHINGTON - The Justice Department today announced that it has entered into a comprehensive agreement with the state of Delaware that will transform Delaware’s mental health system and resolve violations of the Americans with Disabilities Act (ADA). The ADA and the Supreme Court’s landmark decision in Olmstead v. L.C. afford individuals with disabilities the right to receive services in the most integrated settings appropriate to their needs, and today’s agreement will ensure individuals in Delaware can exercise that right...

June 30, 2011

We need your help in informing individuals with disabilities about a settlement agreement with Wells Fargo and its claims process.

Please feel free to forward this email on to others.

On May 31, 2011, Wells Fargo & Company (Wells Fargo) entered into a settlement agreement with the U.S. Department of Justice. The Agreement requires Wells Fargo to compensate (pay) certain individuals who experienced disability discrimination in violation of Title III of the Americans with Disabilities Act (ADA) when trying to call Wells Fargo or Wachovia, visit one of Wells Fargo or Wachovia's banks or retail stores, or otherwise access Wells Fargo or Wachovia's services before May 31, 2011.

Any person who experienced disability-based discrimination that happened before May 31, 2011 in violation of Title III of the ADA based on something Wells Fargo or Wachovia did or didn't do may be eligible for compensation under this Settlement Agreement. All types of disability discrimination can be claimed; for example, physical inaccessibility at bank branches, refusal by a Wells Fargo bank branch to provide documents in alternate formats, policies that cause barriers to equal access by individuals with disabilities, and refusal to accept relay calls are just a few types of discrimination based on disability.

The deadline to file a claim for compensation is January 29, 2012. If you or someone you know may be eligible, it is important that you or that person file a claim for compensation by January 29, 2012. No claims will be accepted after January 29, 2012.

You can begin the process of filing a claim by sending your name, address, email address, and day and evening telephone numbers by email to WFclaims@usdoj.gov or by leaving a message at 1-866-708-1273 (voice mail) or 1-866-544-5309 (TTY).

This claims process also helps us identify ADA violations to be fixed by Wells Fargo – i.e., physical inaccessibility at retail stores and policies that cause barriers to equal access by individuals with disabilities. Please visit www.ada.gov/wells_fargo/for more information about the settlement or the claims process.

ACT QUICKLY! The time period for filing a claim, established by the settlement agreement, ends on January 29, 2012.

June 27, 2011

Recently, the ADA Amendments Act was signed into law, and I was proud to be its chief sponsor. When it is enacted in early 2009, the legislation will allow us to fulfill the original promise of the Americans with Disabilities Act.

As you may know, the ADA was one of the landmark civil rights laws of the 20th century, and helped us make enormous progress in advancing the four goals of the ADA: equality of opportunity, full participation, independent living and economic self-sufficiency.

Despite these strides, we have left some people with disabilities behind. The problem is a series of Supreme Court decisions, which have greatly narrowed the scope of who is protected by the ADA. First of all, these cases held that mitigating measures, such as medication, prosthetics, or other assistive devices, must be considered in determining whether a person has a disability under the ADA. Secondly, they asserted that there must be a demanding standard in assessing whether an individual has a “disability.”

As a result, people with conditions that common sense tells us are disabilities, are being told by courts that they are not disabled, and thus not eligible for protections under the law...

Frankie Mastrangelo is the moderator for both the Justice For All (JFA) national email listerv as well as for the JFActivist blog. She is also an organizer for the American Association of People with Disabilities in Washington, D.C.